Every service member in the United States Military, whether in the Army, Navy, Air Force, Marine Corps, or Coast Guard, is held to a strict standard prohibiting the use of illegal drugs. This zero-tolerance policy is enforced through regular and thorough drug testing. Service members who fail a drug test can face significant legal ramifications, putting their entire military career at risk. That’s where the assistance of a skilled military defense attorney becomes incredibly important.
Aden Wilkie of the The Wilkie Law Group is highly regarded for his knowledge and experience in military law. He possesses a deep understanding of the specific challenges faced by service members, especially when dealing with drug use accusations. Aden and his team are committed to vigorously defending the rights and careers of military personnel from all service branches.
Army Substance Abuse Program (ASAP)
The Army Substance Abuse Program (ASAP) is a comprehensive initiative designed to strengthen the overall fitness and effectiveness of the Army’s workforce. Its primary goal is to enhance the readiness of soldiers by preventing alcohol and drug abuse, providing education on substance abuse, and offering treatment and support for those who need it.
ASAP focuses on proactive measures through risk reduction and health promotion strategies. The program offers a variety of services, such as voluntary and mandatory substance abuse education, counseling services, rehabilitation programs, and reintegration support. It also plays a crucial role in the implementation and management of the Army’s drug testing program.
Does the Army Drug Test?
Yes, military personnel within the Army must undergo drug testing as part of the standard procedures to ensure compliance with the military’s policies against drug use.
What Does the Army Drug Test For?
Military drug tests are typically conducted via urinalysis and screen for a range of substances. These tests are designed to detect the use of illicit drugs as well as the misuse of prescription drugs among service members, ensuring adherence to military standards and regulations.
The Army routinely tests for a variety of substances in its drug testing program. Each urine sample will be tested for marijuana (THC), cocaine, and amphetamines, including methamphetamine. Other illicit drugs, such as opiates, barbiturates, PCP, MDMA, and LSD are tested for on a random rotation.
How Often Does the Army Drug Test?
All active duty service members within the Army must submit to a drug test at least once a year. There is no set schedule for when a service member may be tested, as the Army’s drug testing program randomly selects personnel for a urinalysis. In addition to random drug testing, service members may be required to provide urine samples for a drug test under the following circumstances:
- Medical testing
- Probable cause testing
- Consent to search
- Commander-directed testing
Do Army Reserves Get Drug Tested?
Yes. Just like an active-duty service member, members of the Army Reserves also undergo random drug testing as part of the military’s commitment to maintaining a drug-free force. This ensures that all members of the military, whether active or reserve, adhere to the same standards regarding drug use.
What Happens After a Positive Drug Test in the Army?
After a positive test result in the Army, a series of actions and consequences typically follow:
- Confirmation and Review: In order to verify the results, a confirmation test will be conducted if the previous test comes back positive.
- Notification: If the second test also comes back positive, the service member is formally notified of the positive test result.
- Counseling and Training: The individual may be referred to Substance Use Disorder Clinical Care (SUDCC) and a two-day Alcohol and Drug Abuse Prevention Training (ADAPT) class.
- Administrative/Disciplinary Action: This can include a reprimand, loss of rank, loss of pay, or mandatory participation in a rehabilitation program.
- Legal Proceedings: Depending on the severity and the specific circumstances, legal proceedings under the Uniform Code of Military Justice (UCMJ) may be initiated, which can lead to court-martial.
- Potential Discharge: In some cases, a positive drug test for illicit substances can result in an administrative discharge from the Army. The nature of the discharge (honorable, general, other than honorable, bad conduct, or dishonorable) depends on the specifics of the case.
What To Do Following a Failed Military Drug Test
Upon receiving a failed drug test in the Army, it’s important that you take appropriate measures to protect yourself and your career. First and foremost, it’s highly recommended that you seek experienced legal counsel. Consulting with a renowned military drug testing attorney like Aden Wilkie can offer vital insights into your rights and the subsequent steps to take.
First you should seek and obtain counsel from an experienced attorney – only then should you begin to take steps to deal with the situation. Those steps could include things like, gathering any evidence or details that might challenge or clarify the test results is also critical, especially if you have prescription medications that could have led to a false positive result. Through your attorney you may decide that open communication with your superiors is important, and you should be ready to explain the situation that led to testing positive, especially in the case of extenuating circumstances. However, it is equally as important that you do not admit guilt prematurely. Avoid making any statements that could be taken as an admission of guilt until you have consulted with your attorney.
Although facing a failed drug test can lead to significant repercussions, there are established protocols and legal rights designed to ensure you are treated fairly during this process. Your attorney will make sure you are well-informed of these rights and will work with you to understand the potential consequences and prepare for the next steps.
Why You Need an Experienced Criminal Defense Attorney Like Aden Wilkie
For military members who test positive for illegal drug use, the knowledge and resources of an experienced criminal defense attorney like Aden Wilkie can be invaluable. While free military defense counsel is available, they often manage a high caseload and may not have the specialized knowledge required to effectively advocate in cases of alleged drug use. And by regulation such military counsel cannot help you at the critical – preliminary stages of this process (e.g., before notification of an Administrative Board or Courts-Martial). A civilian defense attorney like Aden Wilkie, with specific experience in military law and drug-related offenses, brings a focused knowledge that can be crucial in these situations. He understands the nuances of the military’s testing procedure, including the collection process and the roles of test administrators. This can be vital in identifying and challenging any potential collection or testing errors that might have occurred, which is an area where general defense counsel may not be as thorough.
An attorney like Aden Wilkie can also offer personalized attention to your case, ensuring that every aspect is meticulously examined. This can include exploring the possibility that a service member unknowingly ingested a substance or scrutinizing the testing procedure for inconsistencies.
In situations where your military career is at stake, having an attorney who is dedicated to your case and fully understands the military legal system can make a significant difference. The level of detailed attention and specific experience in military drug testing cases that private attorneys like Aden Wilkie offer can be pivotal in securing the best possible outcome, potentially preserving your career and reputation in the military.
Call The Devil Dog Defender at The Wilkie Law Group For Dedicated Representation and Aggressive Defense
For military members confronting allegedly positive tests for drug use in the Army, immediate and informed action is crucial. In such scenarios, the support and experience of a seasoned military drug crime attorney like Aden Wilkie becomes invaluable.
Based in Jacksonville, North Carolina, The Wilkie Law Group has a proven track record of assisting service members from Camp Lejeune, Fort Bragg, and various other military bases, both domestically and internationally. We understand the specific challenges faced by military personnel and tailor our services to provide thorough support, regardless of your location. To discuss your case with a knowledgeable Army defense attorney and learn how we can help protect your military career and future, call (910) 333-9626 or reach out online today.
Contact a Military Drug Crime Attorney
If you’re facing a positive drug test in the Army or any other military branch, the Devil Dog Defender is here to help. Call Aden Wilkie of The Wilkie Law Group at (910) 333-9626 today to schedule a consultation and take the first step to ensuring your case is in the best hands.